Korean Job Discussion Forums

[IllChang]

Article 1 (Purpose)
This Contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Teachers In Seoul program administered by the Seoul Metropolitan Office of Education.


Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as: Level _H__


Article 3 (Duties and Responsibilities)
Employee shall be expected to perform and fulfill the following duties:
1. Conducting English classes in joint cooperation with Korean homeroom or English language teachers.
2. Preparing teaching materials and activities for English language education.

3. Assisting with the development of teaching materials related to English language education.
4. Conducting English conversational classes during English Camp in summer and winter breaks.
5. Assisting with activities related to English language education and other extracurricular activities within the school, the District Office of Education and/or the Seoul Metropolitan Office of Education (Judging English speaking competition, voice recording listening tests, English camp etc.)
6. Conducting English conversational class(es)/course(s) for Korean teachers and/or students.
7. Performing other duties as designated by the Employer.
Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the head person of the designated work place.
Article 5 (Term of Employment)
The term of Employment shall commence on March 1, 2009 and end on February 28, 2010.
Article 6 (Resignation)
1. Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
2. However, if Employee should desire to resign from the Employee program and thereby terminate this Contract, he/she must give employer a thirty (30) day prior written notice of resignation stating a date of and a reason for resignation.
3. In the case of Employee�s resignation, the airfare for the return flight shall be borne by Employee, and his/her visa shall be revoked. Employee resigning within the first 6 months of the current Contract is responsible for returning the flight loan as stated in the Article 11, Section 1.
Article 7 (Work Place)
1. Employee shall work at schools, teacher training center, district office of education or other educational facilities under the jurisdiction of the Seoul Metropolitan Office Of Education.
2. Employer may designate multiple work places for Employee.
3. Employer may designate Employee to work part time as needed at other educational facilities under the jurisdiction of the Seoul Metropolitan Office of Education. In this case, Employee shall not claim for any additional pay.
Article 8 (Work Hours)
1. Employee shall work eight (8) hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national Holidays of the Republic of Korea.
2. The work hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such work hours may be adjusted by head of work place as he/she deems appropriate.
3. Actual class instruction hours of Employee shall not exceed twenty-two (22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two (22) hours, Employee shall be entitled to overtime instruction pay.
4. The head of work place may require Employee to work overtime in addition to normal workdays and work hours. In this case, overtime pay will be provided.
Article 9 (Salary)
1. Employee shall be paid the total amount of 1.8 million Korean Won per month. However, the Korean income tax, the national pension contribution and medical insurance premium, as required under the Korean law shall be deducted each month from Employee's salary.
2. Employee's salary shall be paid on the 24th day of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
3. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
4. If Employee should be absent from work without having obtained a prior approval, Employee's salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
5. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.
Article 10 (Renewal)
1. The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement between Employer and Employee, provided that each renewed employment term does not exceed one (1) year.
2. In the case of renewal of this Contract pursuant to the foregoing Section 1, Employee shall be given paid two weeks leave for a home visit which shall take place 2 calendar weeks prior to the Contract end date specified in Article 5 hereof until the day immediately preceding the commencement of the renewed term. However, head of work place, due to condition of work place, may delay the visit to use the paid leave, upon agreement with the Employee.
3. In the event Employee travels to his/her home country pursuant to the foregoing Section 2, Employer shall reimburse Employee�s round-trip airfare. The round trip airfare shall be based on the rate provided for in Article 11, Section 1 hereafter. In special cases, Employee may request for travel to a country other than his/her home country. The cost of the round trip airfare must be equal to or less than the cost to his/her home country.
Article 11 (Airfare)
1. The airfare for Employee's flight to Korea shall be loaned by Employer based on an economy class airfare of the most direct flight available from his/her permanent residence to Incheon Airport. In case of a renewal, aforementioned in Article 10, most direct flight available from Incheon to Employee's home and back will be provided. In case of the termination of this Contract within six (6) months (both new and renewed Employees), regardless of course or ground therefore, Employee shall immediately pay back Employer the above-mentioned loan. If Employee works more than six (6) months during the term of Employment until its expiration, Employee's obligation to pay back the loan provided pursuant to this provision shall be waived by Employer.
2. If Employee works fully until the end of the term of employment and returns to his/her home country within 10 days from the expired date of the term of employment, Employer shall pay for Employee's return flight based on the rate provided for in the foregoing Section 1.
3. In the case of contract(both new and renewed) that is less than one year, Employer does not pay for Employee�s return flight.
Article 12 (Housing)
1. Employer shall provide Employee with housing selected by Employer. Housing selected by Employer may be, including but not limited to, an apartment of faculty residence in Seoul Education Training Institute, a studio-type room, or an apartment. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Employee. Once housing is decided, it shall not be changed at Employee�s discretion during the term of Employment.
2. Employer may provide temporary housing until the appropriate housing for Employee becomes available.
3. Employer may provide appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. Employee shall not request or demand any other appliances or furniture than those provided by Employer.
4. Employee who is provided with housing shall pay a one-time only security deposit of 500,000 Korean Won. The security deposit will be returned to the Employee at the end of the Contract, less the last month's utilities.
5. Each Employee is provided with ONE single housing and he/she shall be responsible for all costs incurred if the move is due to his/her personal matter (e.g. - marriage, dependents, etc.).
6. When Employee wants home-stay, Employer shall offer him/her a host family and provide him/her with 500,000 Korean Won per month as a subsidy.
7. If Employer is not able to provide housing for Employee or Employee prepares his/her own housing, Employer shall provide Employee with 500,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing. Employer �WILL NOT� provide furniture nor key money to the employee requesting housing allowance.
Article 13 (Other Benefits)
1. Employee shall be entitled to one time only settlement allowance of 300,000 Korean Won, when he/she first arrives in Korea (renewing Employee excluded). In case of the termination of this Contract within six (6) months, regardless of course or ground therefore, Employee shall immediately pay back Employer the allowance.
2. Employer shall provide Employee with half of the medical insurance pursuant to the National Medical Insurance Act of Korea. In the event Employee has his/her family living with him or her in Korea, Employer will also provide and pay for medical insurance premium for Employee's family.
3. Employees with the exception of Canadians, shall be eligible for exemption from paying Korean income tax during the period of the first two years if he/she provides the following documents to the employer before the first payment of salary: 1)"Residence Certificate" issued by a competent authority of employee's resident country 2) �an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
4. The employer shall provide employee with half of the National Pension plan deduction (approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American or Canadian employee is eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her Contract.
5. If the aggregate period of extending the term of Employment pursuant to Article 10 is more than one (1) calendar year, Employer shall pay Employee one month salary as a severance pay (when employee leaves S.M.O.E.) for Employee�s continuous employment of one year; according to the severance payment regulations.
Article 14 (Paid Leave)
1. Employee shall be entitled to a vacation period of total of 21 workdays during the Term of the Employment set forth in Article 5 hereof. If the requested vacation period interferes with regular school schedule or smooth work operations (e.g. English camps operated by the district offices or schools, school reopening schedules after the breaks), employer/employee may alternate vacation dates.
2. Employee can�t get more than 7 vacation days when terminating the contract on or before 6 months of employment. If the Employee accrued more than 7 vacation days, only 7 days will be paid by S.M.O.E. The remaining vacation days over the paid 7 days will be deducted from his/her paycheck.
3. Employee shall apply for and obtain Employer's consent to take a leave at least fifteen (15) days in advance.

Article 15 (Sick Leave)
1. Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains Employer's prior consent.
2. When Employee takes a sick leave for five (5) working days or more (not inclusive of a national holiday, Saturday and Sunday) or during the teaching session, Employee shall submit a medical doctor's report to Employer.
3. Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days. If Employee requires a sick leave for more than fifteen (15) calendar days, Employee may take a further sick leave without pay.
Article 16 (Special Leave)
1. Employee may take a Special Leave for a number of days (inclusive of a national holiday, Saturday and Sunday) as set forth below for each of the following events;
1.1 Seven (7) calendar days for Employee's marriage.
1.2 Seven (7) calendar days for the death of Employee's parent or spouse; three (3) calendar days for the death of Employee's child.
1.3 In case of a female Employee, ninety (90) calendar days for a maternity leave.

2. Special leaves specified in Section 1 are available with pay. However, maternity leave shall be available with pay for only the first sixty (60) days.
Article 17 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes of conduct applicable to English Language Instructors.
2. Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
3. Employee shall not be involved in any activities that may cause harm to the students or be of detriment to the reputation of the school, District Office of Education, and Seoul Metropolitan Office of Education.
Article 18 (Termination of the Contract)
1. Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
1.1 If Employee violates the laws of the Republic of Korea.
1.2 If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract.
1.3 If Employee fails to perform continuously his/her duties for one week or more without any excuse or prior notification.
1.4 If any of the information provided in Employee's application is neither true nor accurate.
1.5 If it is determined that Employee is prevented from or incapable of performing his/her duties set forth in Article 3 hereof for a medical reason, whether it is a physical or psychological ailment. (If requested by Employer, Employee must be immediately available for a medical examination.)

1.6 If the sick leave (paid or unpaid) used by Employee pursuant to Article 15 hereof exceeds thirty (30) days.
2. In the event that this Contract is terminated pursuant to the foregoing clauses in Section 1, Employer shall pay Employee a pro rated salary based on the number of days actually worked by Employee. In such event, Employee shall be responsible for the return flight to his/her home country. Employee's visa will subsequently be revoked.
3. In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing Section 1, Employee shall immediately refund the loan to Employer pursuant to Article 11, Clause 1.
Article 19 (Matters not explicitly stated in the Contract)
Matters not explicitly stated in the Contract shall be determined by the Employer after Employee's concerns are taken into consideration.
Article 20 (Condition of Employment)
1. Employee shall complete a one (1) week orientation conducted by the Center for In-Service Education at Seoul Metropolitan Office of Education provided under Article 5 hereof (renewing Employee and those employed outside of regular NSET recruitment season excluded).
2. If Employee fails to fully complete the orientation, this Contract shall be subsequently terminated and Employee must return to his/her home country. In that case, the return airfare shall be borne by Employee, and the loan for the flight to Korea provided for in Article 11, Section 1 shall not be available to Employee. In addition, Employee's visa shall be revoked.
Article 21 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Employee during the Term of Employment under this Contract.
Article 22 (Governing Law, Language and Venue)
1. The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
2. The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
3. If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitrator in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.

[nomad-ish]

i didn't read the whole contract, but this looks to be the standard SMOE contract. there may be parts that seem vague (as all korean contracts are), but overall, it's standard of seoul public school positions. i wouldn't worry too much about it.

i think the biggest concern you'll have when working with a public school in korea won't be the contract, but how your school interprets the contract.

edit: just double-check your pay level. most people that apply and are accepted into SMOE have more than the basic requirements and will make more than 1.8.